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Native title as compensable property

Publication date

Wednesday, 1 June 2011

Type

Presentation

Stuart Glacken SC

Attachment/s

glacken_stuart.pdf (pdf, 75.4 KB)

Presented at the 2011 Native Title Conference, this paper deals with some aspects of native title as compensable property under two headings. One involves the question of whether past Commonwealth acts that affect native title can engage the just terms requirement in s. 51(xxxi) of the Constitution.

The other concerns possible approaches to the assessment of compensation for the effects of past acts upon native title; the overriding requirement in the Native Title Act 1993 (Cth) is that compensation be on just terms (ss. 51(1), 53).

Recommended citation: Glacken, S 2011, ‘Native title as compensable property’, paper presented at the National Native Title Conference, Brisbane, 1–3 June, AIATSIS, Canberra, viewed [date], .